PROTOCOL No. 5
             TO THE CONVENTION FOR THE PROTECTION OF HUMAN
               RIGHTS AND FUNDAMENTAL FREEDOMS, AMENDING
                  ARTICLES 22 AND 40 OF THE CONVENTION
                               (ETS N 55)
   
                        (Strasbourg, 20.I.1966)
   
       The governments signatory hereto, being members of the Council
   of Europe,
       Considering that  certain  inconveniences  have  arisen in the
   application of the  provisions  of  Articles  22  and  40  of  the
   Convention  for  the  Protection  of  Human Rights and Fundamental
   Freedoms signed at Rome on 4th November 1950 (hereinafter referred
   to  as  "the  Convention")  relating to the length of the terms of
   office of the members of the European Commission of  Human  Rights
   (hereinafter  referred to as "the Commission") and of the European
   Court of Human Rights (hereinafter referred to as "the Court");
       Considering that  it is desirable to ensure as far as possible
   an election every three years of one half of the  members  of  the
   Commission and of one third of the members of the Court;
       Considering therefore that it is desirable  to  amend  certain
   provisions of the Convention,
       Have agreed as follows:
   
                               Article 1
   
       In Article 22 of the Convention,  the following two paragraphs
   shall be inserted after paragraph 2:
       "3 In order to ensure that,  as far as possible,  one half  of
   the  membership  of  the  Commission  shall be renewed every three
   years, the Committee of Ministers may decide, before proceeding to
   any  subsequent election,  that the term or terms of office of one
   or more members to be elected shall be for a period other than six
   years but not more than nine and not less than three years.
       4 In cases where more than one term of office is involved  and
   the  Committee  of Ministers applies the preceding paragraph,  the
   allocation of the terms of office shall be effected by the drawing
   of lots by the Secretary General, immediately after the election."
   
                               Article 2
   
       In Article 22 of the Convention, the former paragraphs 3 and 4
   shall become respectively paragraphs 5 and 6.
   
                               Article 3
   
       In Article 40 of the Convention,  the following two paragraphs
   shall be inserted after paragraph 2:
       "3 In order to ensure that,  as far as possible,  one third of
   the  membership  of  the Court shall be renewed every three years,
   the Consultative Assembly may decide,  before  proceeding  to  any
   subsequent  election,  that  the term or terms of office of one or
   more members to be elected shall be for a period other  than  nine
   years but not more than twelve and not less than six years.
       4 In cases where more than one term of office is involved  and
   the  Consultative  Assembly  applies the preceding paragraph,  the
   allocation of the terms of office shall be effected by the drawing
   of lots by the Secretary General immediately after the election."
   
                               Article 4
   
       In Article 40 of the Convention, the former paragraphs 3 and 4
   shall become respectively paragraphs 5 and 6.
   
                               Article 5
   
       1 This  Protocol  shall be open to signature by members of the
   Council of Europe,  signatories to the Convention,  who may become
   Parties to it by:
       a signature  without reservation in respect of ratification or
   acceptance;
       b signature  with  reservation  in  respect of ratification or
   acceptance, followed by ratification or acceptance.
       Instruments of ratification or acceptance shall  be  deposited
   with the Secretary General of the Council of Europe.
       2 This  Protocol  shall  enter  into  force  as  soon  as  all
   Contracting Parties to the Convention shall have become Parties to
   the Protocol,  in accordance with the provisions of paragraph 1 of
   this article.
       3 The Secretary General of the Council of Europe shall  notify
   the members of the Council of:
       a any signature without reservation in respect of ratification
   or acceptance;
       b any signature with reservation in respect of ratification or
   acceptance;
       c the deposit of any instrument of ratification or acceptance;
       d the  date of entry into force of this Protocol in accordance
   with paragraph 2 of this article.
       In witness  whereof  the  undersigned,  being  duly authorised
   thereto, have signed this Protocol.
   
       Done at Strasbourg,  this 20th day of January 1966, in English
   and in French, both texts being equally authoritative, in a single
   copy which shall remain deposited in the archives of  the  Council
   of  Europe.  The Secretary General shall transmit certified copies
   to each of the signatory governments.